Audio By Carbonatix
Lawyer and lecturer at the Ghana School of Law, Bobby Banson, has dismissed claims that the government abruptly decided not to renew Gold Fields Ghana’s mining lease for the Damang mine.
Speaking on JoyNews’ Newsfile on Saturday, 11th April, Mr Banson said the narrative suggesting a sudden decision by the government is inaccurate.
“It is not true that the government suddenly decided not to renew the lease,” he stated, while clarifying that he was not speaking on behalf of the government.
Mr Banson explained that the lease had, in fact, already expired and was only extended for a limited period.
He pointed out that “there was a one-year extension from last year granted by Parliament,” adding that “the Gold Fields lease actually expired last year.”
He further said that under Ghanaian law, there are clear timelines that must be followed when applying for a lease renewal.
According to him, there is a time frame within which to file the application.
Referring to documents he had seen, Mr Banson suggested that the renewal request may not have met the legal requirements.
“The letter for renewal that I saw was outside that ambit period,” he said.
He added that he had not come across any official explanation from the Ministry regarding the non-renewal.
“I have not read any official document from the ministry saying why they did not grant the lease,” he said, but maintained that the timing of the application could be a key issue.
Mr Banson also observed that Gold Fields itself has not publicly challenged the government’s position.
“You have not seen any statement from Gold Fields that they are unhappy with the government for the non-renewal,” he said.
On the transition arrangements, he explained that there had been a prior understanding following the one-year extension.
“There was an agreement that after one year, by the 18th, you will leave. The mine would either revert to government or government would direct what to do next in respect of the mine,” he stated.
Addressing concerns about the process involving other companies, Mr Banson questioned claims that firms were given only a short period to respond.
He indicated that some interested parties had engaged the Ministry earlier.
“I am aware that some of the companies that submitted these bids had expressed interest last year to the ministry,” he said.
According to him, this may explain the absence of complaints from the companies involved.
“That is why you have not seen any of the companies complaining about their process,” he added.
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